[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50160-50162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18543]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC23
Maximum Term for Outfitter and Guide Special Use Permits on
National Forest System Lands
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directive; request for public comment.
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SUMMARY: The Forest Service is proposing changes to direction governing
special use permits for outfitting and guiding conducted on National
Forest System lands by increasing the maximum term for these
authorizations from five to ten years. The proposed directive would
provide the potential for greater business continuity for outfitters
and guides who furnish services to recreationists on National Forest
System lands and would make the Forest Service's policy on the maximum
permit term for outfitting and guiding permits consistent with the
policy of the National Park Service and the Bureau of Land Management.
Public comment is invited and will be considered in development of a
final directive.
DATES: Comments must be received in writing by October 12, 2004.
ADDRESSES: Send comments by postal mail to Forest Service, USDA, Attn:
Kenneth Karkula, Recreation, Heritage, and Wilderness Resources Staff,
(2720), 1400 Independence Ave., Mailstop 1125, Washington, DC 20250-
1125 or by e-mail to [email protected]. Comments also may be
submitted by following the instructions at the federal eRulemaking
portal at http://www.regulation.gov. If comments are sent by e-mail or
facsimile, the public is requested not to send duplicate comments via
postal mail. Please confine comments to issues pertinent to the
proposed directive, explain the reasons for any recommended changes,
and, where possible, reference the specific wording being addressed.
All comments, including names and addresses when provided, will be
placed in the record and will be available for public inspection and
copying. The public may inspect comments received on this proposed
directive in the Office of the Director, Recreation, Heritage, and
Wilderness Resources Staff, 4th Floor Central, Sidney R. Yates Federal
Building, 14th and Independence Avenue, SW., Washington, DC, on
business days between the hours of 8:30 a.m. and 4 p.m. Those wishing
to inspect
[[Page 50161]]
comments are encouraged to call ahead at (202) 205-1426 or (202) 205-
1399 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Ken Karkula, (202) 205-1426, or
Carolyn Holbrook, (202) 205-1399, Recreation, Heritage, and Wilderness
Resources Staff.
SUPPLEMENTARY INFORMATION:
1. Background and Need for the Proposed Directive
Supporting Small Businesses
The Forest Service regulates occupancy and use of National Forest
System (NFS) lands by outfitters and guides through issuance of special
use permits. Outfitters and guides provide opportunities for recreating
on NFS lands to those who might not otherwise have them, as well as
information and education to the public about the National Forests.
Outfitters and guides thus serve as important partners of the Forest
Service in providing public services.
Currently, special use permits for outfitters and guides are issued
for a period of up to five years. The maximum five-year term has been a
concern in recent years to outfitters and guides, who perceive it as a
barrier to building and maintaining a sustainable small business. For
example, the five-year term may hamper outfitters' and guides' ability
to secure financing from lenders if business equipment cannot be fully
amortized within the permit term. The five-year term also is not
conducive to long-term business planning. Customer service suffers when
outfitters and guides cannot invest in needed equipment or conduct
long-term business planning. Revising the maximum term of their special
use permit from five to ten years would provide outfitters and guides
with the potential for greater business continuity for planning and
investing.
Special Uses Streamlining
This directive would decrease administrative costs to the Forest
Service and outfitters and guides by reducing the analysis and
processing required by more frequent permit issuance. This practice
supports the Department's special uses streamlining regulations
promulgated November 30, 1998, at 36 CFR part 251, subpart B (63 FR
65949).
Inter-Agency Consistency
This proposed directive would make Forest Service policy on permit
terms for outfitters and guides consistent with the policy of the
Bureau of Land Management, adopted on February 6, 2004 (69 FR 5702),
and the National Park Service as provided for in Title IV of the
National Parks Omnibus Management Act of 1998 (16 U.S.C. 5953).
Consistency in the permitting process is important, since many
outfitters and guides operate on lands administered by all three
agencies.
2. Regulatory Requirements
Environmental Impact
This proposed directive would revise national policy governing
administration of special use permits for outfitting and guiding.
Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September
18, 1992) excludes from documentation in an environmental assessment or
environmental impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' The agency's conclusion is that this proposed directive
falls within this category of actions and that no extraordinary
circumstances exist which would require preparation of an environmental
assessment or environmental impact statement.
Regulatory Impact
This proposed directive has been reviewed under USDA procedures and
Executive Order 12866 on regulatory planning and review. It has been
determined that this is not a significant directive. This proposed
directive would not have an annual effect of $100 million or more on
the economy, nor would it adversely affect productivity, competition,
jobs, the environment, public health and safety, or State or local
governments. This proposed directive would not interfere with an action
taken or planned by another agency, nor would it raise new legal or
policy issues. Finally, this proposed directive would not alter the
budgetary impact of entitlement, grant, user fee, or loan programs or
the rights and obligations of beneficiaries of such programs.
Accordingly, this proposed directive is not subject to Office of
Management and Budget review under Executive Order 12866.
Moreover, this proposed directive has been considered in light of
the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has been
determined that this proposed directive would not have a significant
economic impact on a substantial number of small entities as defined by
the act because the proposed directive would not impose record-keeping
requirements on them; it would not affect their competitive position in
relation to large entities; and it would not significantly affect their
cash flow, liquidity, or ability to remain in the market. To the
contrary, the efficiencies and consistency to be achieved by this
directive should benefit small businesses that seek to use and occupy
National Forest System lands by providing the potential for greater
business continuity for outfitters and guides and by reducing the
frequency of time-consuming and sometimes costly processing of special
use applications. The benefits cannot be quantified and are not likely
substantially to alter costs to small businesses.
No Takings Implications
This proposed directive has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630, and it has
been determined that the proposed directive would not pose the risk of
a taking of private property.
Civil Justice Reform
This proposed directive has been reviewed under Executive Order
12988 on civil justice reform. If this proposed directive were adopted,
(1) all State and local laws and regulations that are in conflict with
this proposed directive or that would impede its full implementation
would be preempted; (2) no retroactive effect would be given to this
proposed directive; and (3) it would not require administrative
proceedings before parties may file suit in court challenging its
provisions.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The agency has considered this proposed directive under the
requirements of Executive Order 13132 on federalism, and has made an
assessment that the proposed directive conforms with the federalism
principles set out in this executive order; would not impose any
compliance costs on the States; and would not have substantial direct
effects on the States, the relationship between the Federal Government
and the States, or on the distribution of power and responsibilities
among the various levels of government. Therefore, the agency has
determined that no further assessment of federalism implications is
necessary at this time.
Moreover, this proposed directive does not have tribal implications
as defined by Executive Order 13175, entitled ``Consultation and
Coordination With Indian Tribal Governments,'' and therefore advance
consultation with Tribes is not required.
[[Page 50162]]
Energy Effects
This proposed directive has been reviewed under Executive Order
13211, entitled ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use.'' It has been determined
that this proposed directive does not constitute a significant energy
action as defined in the executive order.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this proposed directive on
State, local, and Tribal governments and the private sector. This
proposed directive would not compel the expenditure of $100 million or
more by any State, local, or Tribal government or anyone in the private
sector. Therefore, a statement under section 202 of the act is not
required.
Controlling Paperwork Burdens on the Public
This proposed rule does not contain any record-keeping or reporting
requirements or other information collection requirements as defined in
5 U.S.C. part 1320 that are not already required by law or not already
approved for use. Any information collected from the public as a result
of this action has been approved by the Office of Management and Budget
under control number 0596-0082. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Dated: August 3, 2004.
Dale N. Bosworth,
Chief.
3. Proposed Directive Changes for Outfitter and Guides
Note: The Forest Service organizes its directive system by
alphanumeric codes and subject headings. Only those sections of the
Forest Service Handbook that are the subject of this notice are set
out here. The intended audience for this direction is Forest Service
employees charged with issuing and administrating outfitter and
guide special use permits.
Forest Service Handbook
2709.11-Special Uses Handbook
Chapter 40-Special Uses Administration
* * * * *
41.53-Outfitters and Guides
* * * * *
41.53c-Definitions
* * *
Priority Use. Authorization of use for a period not to exceed ten
years. The amount of use is based on the holder's past use and
performance and on land management plan allocations. Except as provided
for in Title 36, Code of Federal Regulations, part 251, subpart E,
authorizations providing for priority use are subject to renewal (sec.
41.53f).
* * * * *
41.53h-Assignment and Management of Priority Use
* * * * *
2. * * *
a. Use may be based on the average of the highest two years of
actual use during the previous permit term.
* * * * *
41.53j-Permit Terms and Conditions
1. For new applicants, authorize use for up to one year. For
holders assigned priority use, use may be authorized for up to ten
years.
* * * * *
[FR Doc. 04-18543 Filed 8-12-04; 8:45 am]
BILLING CODE 3410-11-P